FlyerTalk Forums - View Single Post - Help. Does an illegal alien going back to Guatemala need a passport to leave the US?
Old Jun 9, 2011 | 2:26 pm
  #9  
Firebug4
 
Join Date: Feb 2010
Posts: 1,347
Originally Posted by alexb133
There are no fines levied, nor is there a formal deportation order, as the US doesn't have exit immigration control. The airline's sole responsibility is to ensure you are properly documented, and will be admitted to the country you are arriving to.

However, despite the formal deportation order, he/she will appear in US immigration computers as DEPARTED, and will face a 10 year ban (I believe) to return to the US.
This is not entirely true. The airlines are required to send departure manifests to CBP prior to departure. This for example is how departure for VWP visitors are being recorded since the ESTA came along and the green I-94W's are being phased out. The Port of Entry has the ability to review these manifests before the plane departs. If they encountered a record of someone illegally present in the United States, they could send officers to take that person into custody. There would be no fine. However, they could place the person in removal proceedings. This rarely happens because the port generally does not staffing to spare on someone who is for all intensive purposes is self deporting. That does not preclude in individual from being flagged for secondary inspection and proceedings should that person chose to return.

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